Freedom of Economic Activity and the Public Interest in Light of the Constitution of the Republic of Poland and the Constitution of the Italian Republic

Objectives This study analyzes the constitutional regulations concerning the freedom to conduct business in Poland and Italy, with particular emphasis on the grounds for restricting this freedom and the significance of the principle of equality before the law. To this end, the study examines the approaches adopted in both legal systems and their relevance to assessing the permissibility of restrictions imposed on entrepreneurs. Material and methods The article was prepared mainly using the formal and dogmatic method. It includes a description and systematization of legal norms, interpretation of provisions and analysis of the practice of applying law in the Polish system in comparison with the constitutional regulations in force in the Italian Republic. Results A comparison of the solutions adopted by the legislators of Polish and the Italian Republic allows us to notice that despite the differences in the drafting of the two constitutions, their common assumption remains the need to maintain a balance between the freedom to conduct business activity and the need to protect other constitutional values. This means that state interference in the sphere of economic activity is not excluded, but it cannot be arbitrary. Conclusions Constitutional solutions in force in Poland and the Italian Republic indicate that in both legal systems the freedom of economic activity has been included among the basic principles of the economic system of the state. Both the Polish and Italian legislators adopted the model of the social market economy, based on the assumption that the freedom to undertake and pursue economic activity is an important element of the constitutional order. At the same time, the analysis of constitutional regulations leads to the conclusion that the freedom of economic activity has not been shaped as an absolute right.